Alderson v. Harris
Supreme Court of Alabama
Error to the Chancery Court at Tallapoosa. The bill was filed by the plaintiff in error, for the rescission of a contract, for the purchase of a tract of land.
Read the full summary
Error to the Chancery Court at Tallapoosa. The bill was filed by the plaintiff in error, for the rescission of a contract, for the purchase of a tract of land. He charges, that on the 21st December, 1841, he purchased a tract of land (which is described) from Lemuel Merrill, who represented himself to be the properly authorized agent of the firm of Watson & Co., who it was represented by Merrill, and one Peter C. Harris, were the owners of the land, and in whose names the patent had issued. The company was composed of James C. Watson, Edward Hanrick, Peter C. Harris, William Walker, and John…
1Opinion of the CourtOrmond, J.
In our judgment, the chancellor erred in dismissing the bill for want of equity. The case made by the bill, is the sale of a tract of land, by one representing himself as fully authorized to sell, and by his bond for title in behalf of his principals, to enable the vendee to obtain a good title, on the payment of the purchase money, when in fact he had no written authority to sell, and therefore could not bind those for whom he professed to act.
It is true, that if the persons for whom the agent acted, confirms the sale made by him, it is binding on the complainant. He cannot complain in that…
2Cases cited1 opinion
- Lamkin v. ReeseSupreme Court of Alabama · 1844
3Cited by7 opinions
- Shorter v. FrazerSupreme Court of Alabama · 1879
- Colbert v. DanielSupreme Court of Alabama · 1858
- Houston v. HiltonSupreme Court of Alabama · 1880
- Drath v. ArmstrongSupreme Court of Alabama · 1932
- Pearson v. DarringtonSupreme Court of Alabama · 1850
2 more not listed; retrieve them via the Exa API.